Hanif Nassor Covington v. United States of America Fluor Daniel, Inc.

8 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hanif Nassor COVINGTON, Plaintiff-Appellant, v. UNITED STATES of America; Fluor Daniel, Inc., Defendants-Appellees. No. 92-15245. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 18, 1993. Decided Sept. 21, 1993. 1 Before: NORRIS and RYMER, Circuit Judges, and TAYLOR, * District Judge. 2 MEMORANDUM ** 3 Hanif Nassor Covington appeals the district court's dismissal under Fed.R.Civ.P. 12(b)(5) of his complaint against the United States for insufficiency of service within the 120 day period provided by Fed.R.Civ.P. 4(j). The district court held that Covington's attorneys' failure to research and comply with Rule 4 was not justifiably excused on account of the fact that an attorney for the Department of Energy (DOE), with whom Covington's attorney had been working on his claim, had said (incorrectly) that DOE would accept service and later (also incorrectly), that the papers should be mailed to…